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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20400
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I was completely drunk on Saturday and my roommate was in s

Customer Question

Hi my name is***** was completely drunk on Saturday and my roommate was in his room. I went and was banging on his door to have him hang out with me. When he finally opened the door I lost my balance and fell forward, my roommate put out his hand and grabbed me to keep me from falling, I yanked my arm and twisted it in doing so, it left a bruise on my arm. I went over to my kids house mad and drunk and crying and they saw the bruise and took a picture. I know that I made it sound more like he actually hurt me instead of helping me, but they called the cops and he is in jail. What do I do to make sure he is not charged with domestic violence. He honestly was only keeping me from falling, as I was so very drunk I could barely walk
JA: Thanks. Can you give me any more details about your issue?
Customer: I know my girls were just worried about me, thinking that he actually put his hands on me. But I have documents from doctors proving that my kidney and liver levels are very elevated and that I have many deficiencies and bruise very easy. I have a ton of friends that are witnesses to my alcohol abuse and to me falling down and bruising very easily. He did nothing to me. he helped me from falling
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information. Can you tell me if you made a statement to the police and was it consistent with what you are saying now? Was this after or before he was arrested? Also, does this other party have any history of violence either with you or someone else that the police could find out about?

Customer: replied 1 year ago.
I told the police that nothing happened. they wanted to see the bruise but i said i was naked under my bathrobe and didnt want to be naked, they asked me to lift my sleeve up and i said no. When i went over to my girls house, I was mad at Erick because he didnt want to party with me and was in his room. I might have made it seem like he hurt me to my kids, but that was only because I was completely wasted. They wanted me to stay at their place (which is next door to me and my roommate) so i did for a bit, but then i wanted to go home. They said they would call the cops. I told them not to, that everything was fine. I went home, and went to bed, about 3 hours later there was a knock on my door and it was the cops. At that point i sobered up, and told them nothing happened.
Expert:  Marsha411JD replied 1 year ago.

Alright, thank you for that, but I still need to know did you give this statement to the police before or after he was arrested. Also, I still need to know the answer to my other question about whether he has a record of violence against you or other women in any fashion?

Customer: replied 1 year ago.
I do not know if he has a violent past or not. :( I have tried googling his name to see if anything comes up. I gave the statement before he was arrested. I told the cops nothing happened, but since there was a call to the police, that no matter what, someone needs to be arrested. I told them to arrest me because he did not do anything to me. He only stopped me from falling, I have deficiencies and i have an elevated liver and kidneys, I am an alcoholic and can prove that with my medical records, because of my alcoholism, I can bruise with the slightest bump. Unfortunately, again, I was mad at him for not wanting to hang out with me, and was so drunk, I made my kids think he hurt me. I know that I never should have, but when you have been drinking for 10 hours straight, you will do dumb things.
Expert:  Marsha411JD replied 1 year ago.

Thank you for that information. I understand you are upset but I don't need you to repeat the facts that you have already posted. It just takes more time for you and me to go over them again. In any event, the police didn't have to arrest anybody regardless of what they say unless they thought there was probable cause to believe there was an act of violence versus an accident. So, they apparently did not believe you for whatever reason. At this point, because the State decides what cases to prosecute or not, you have no real control over whether or not they decide to formally charge your roommate.

However, if he is charged by the State you can make your case for the facts as you are telling them to the prosecutor when they interview you or question you at trial, should this go that far. You cannot, however, refuse to testify. That would get you arrested for contempt of court. You can tell the truth and then it is up to the Court to decide whether or not there are enough facts to prove a case beyond a reasonable doubt, assuming your friend pleads not guilty.

All that said, it is unlikely that, unless there is very strong evidence of violence here, that the State will even go forward with this case if you are not willing to say he was violent toward you. That is because these cases are very difficult to prove without the corroborating testimony of the alleged victim unless, again, there is very obvious evidence of violence (more than a bruise) or there is a pattern with this alleged offender.

His attorney's job is to get the charges dismissed or a not guilty finding. You can't do that, his attorney will have to. They might ask you to testify on his behalf if it comes to that. But again, the prosecutor isn't likely to go forward with an actual charge unless they think they can prove violence without your testimony.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you Amberlee

Customer: replied 1 year ago.
Thank you for all the information. I really appreciate it. He has court tomorrow at 1pm. What do i do when i am there? will they ask me to tell my side of what happened tomorrow? How does that work?
Expert:  Marsha411JD replied 1 year ago.

You're very welcome. At this point, I am guessing this is just an arraignment. Unless you were subpoenaed to testify, you won't have a chance to say anything official tomorrow and no point in going unless you want to try to speak to the prosecutor before or after the hearing. If this is further along and you were actually subpoenaed, then you just answer the actual questions that are asked of you. But again, if this just happened recently, this is just a preliminary hearing and it isn't about deciding guilt or innocence yet. Just meant to take a plea (not guilty) and assign an attorney if he doesn't have one and can't afford one.

Customer: replied 1 year ago.
he had a $5000.00 bail. when pleading not guilty tomorrow, will they most likely release him (as long as he doesnt have a violent criminal record) Should I go in early to see about talking to the prosecuter? can I call and try to talk to the prosecuter before he is seen?
Customer: replied 1 year ago.
I am attaching a letter i wanted to give to the prosecuter. Can you please read the attached document and let me know what you think of it.
Expert:  Marsha411JD replied 1 year ago.

Yes, if he hasn't violated probation or doesn't have a long record, they will release him. You can try calling the Prosecutor's Office and seeing if they will connect you with the prosecutor who has been assigned the case. If so, you can speak to them on the phone. You don't want to put anything in writing, just talk to them. No writing. It creates issues for you in the future as far as potential testimony. You'll have your chance to speak.

Expert:  Marsha411JD replied 1 year ago.

Hello again Amberlee,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 15th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received a rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at :http://www.justanswer.com/law/expert-marsha411jd/

Thank you.